Mbna Cca - Is This Enforceable Please

[citizenB]

I sent MBNA a CCA request on 25th February 2008. They defaulted on 17th March 2008 and I sent the reminder letter yesterday on the 18th.

 

I have been receiving almost daily letters from NCO Europe Ltd, trading as RMA and also from MBNA themselves.

 

Today, in the post, I received a Postcard, stating :-

 

I CONFIRM THAT I WILL BE CALLING

 

ON: TUESDAY

 

BETWEEN: 8AM - 8-PM

 

If inconvenient please telephone 08707 591159 quoting the reference number on the address side of the card

 

Regards, C GREEN

 

 

I have dashed off the 'you may not visit me at home, etc' letter.. including that the alleged debt is in dispute with their principle MBNA and that they had been copied with letters to MBNA in NCO's daily correspondence.

 

I will be copying MBNA the letter that I am sending NCO, however, I feel sure I have seen a letter somewhere that reminds the Credit Card Company that they are responsible for the actions of their DCAs.. can anyone please point me to it. I thank you. xx

 

PS.. if this thread is in the wrong part of the forum could it be moved please. xx

[citizenB]

bump:grin:

[spiritgirl59]

Hiya citizenB

 

I know the letter you mean but I can't find it either hopefully someone will get back to you with it soon.

 

One thing I would do is keep a copy of the "may not visit me at home" letter handy near the door, and if "Mr Green" calls again simply hand him the copy and shut the door in his face.

 

Good luck, and try not to worry - I know its easier said than done not to worry cos I have been there myself and know how you feel, but he has no right of entry into your home. These people make me so mad, because for those of us who don't know our rights the experience must be terrifying.

 

Good luck!

Love SG x

[citizenB]

Thanks spiritgirl. It is so frustrating when you know you have seen the letter and cant find it again LOL. Never mind, I will try again tomorrow. Thanks for your support xx

[SteveH2508]

Mr Green (also known as Mr Brown - do you see the theme here?) sends out thousands of these every day. He seems to be able to visit between Lands End and Jon O'Groats in one day. (Maybe his real name is Santa Claus?)

 

I bet that there are many people on CAG who have had these postcards but never seen Mr Green/Brown etc.

 

File it with the pictures of trees/pink pigs that you will get from MBNA as well (I kid you not!)

[citizenB]

Mr Green (also known as Mr Brown - do you see the theme here?) sends out thousands of these every day. He seems to be able to visit between Lands End and Jon O'Groats in one day. (Maybe his real name is Santa Claus?)

 

I bet that there are many people on CAG who have had these postcards but never seen Mr Green/Brown etc.

 

File it with the pictures of trees/pink pigs that you will get from MBNA as well (I kid you not!)

 

 

Thank you.. I am still giggling at the pink pigs !!. Yes, I see a theme.. do I take it then, the letter I sent yesterday.. ATTENTION: Mr Green, will not be read by him personally LOL .

[Curlyben]

Save the stamp as RMA/NCO never arrive.

I have wasted alot of tea and cake waiting for these "people" to arrive.

All I need is Saturday and Sunday and I will have a FULL set

 

Also if you reread the card it says they will be calling, but not necessarily in body/person.

This is sufficiently vague enough to scare, but basically means you'll get a PHONE call.

[citizenB]

Save the stamp as RMA/NCO never arrive.

I have wasted alot of tea and cake waiting for these "people" to arrive.

All I need is Saturday and Sunday and I will have a FULL set

 

Also if you reread the card it says they will be calling, but not necessarily in body/person.

This is sufficiently vague enough to scare, but basically means you'll get a PHONE call.

 

Ah, I see. I changed my telephone number 3 months ago, after LTSB did an hourly check in. Ooops.. I forgot to let anyone have the new number !! :grin:

[cashins]

Mr Green (also known as Mr Brown - do you see the theme here?)

 

Sounds rather Tarentino - have they gone to the dogs???

 

Thing is, there was no Mr Green, therefore, he must be a mythical character.

 

If you recall the plot, Mr Brown is probably not a good choice.

 

David

[citizenB]

Is this enforceable please

 

The T&Cs are definitely from a later date than 1999 the original signing of application form !..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Need to delete some indentifiable info.

Edited April 28, 2009 by citizenB

[steven4064]

It is manifestly an application form as it says so on the top! As such it is a precontractual document and is void under s59 of the CCA 1974. It doesn't have any of the prescribed terms (APR, crediy limit and how minimum payments are derived) so is unenforceable under ss61 and 127 of the CCA 1974.

[citizenB]

Thank you steven.

 

I was thinking of sending them the letter that curlyben provided for pokermad on this thread... #16. Suitably amended of course.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/110742-bls-no-cca-but.html

[steven4064]

Curlyben's letters usually do the trick

[citizenB]

Great, thank you. It will be in the post tomorrow. x

[citizenB]

duplicate posting

[citizenB]

Would someone please merge this thread with...

 

 

http://www.consumeractiongroup.co.uk/forum/mbna/135999-mbna-cca-enforceable-please.html

 

Thank you x

[ODC]

As CB says There is no chance of Mr C Green aka Mr P Brown aka Mr P Ointless calling. These people are all figments of NCO's rather vivid imagination. If you wish to send them a letter advising them not to call then this is the one

 

 

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

YOUR REF XYZ123

Dear Mr Green

I refer to your recent correspondence.

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.

I trust I make myself clear.

 

 

Personally I would take CBs advice and file this away

[citizenB]

Thanks ODC.. I have taken Curlyben's advice and filed it.

 

Needless to say you were both correct and no one as yet has arrived..

 

I ate the donuts I had bought for mid morning coffee.. so they are well out of luck if they should arrive now :grin:

[ODC]

The number of cream buns I have wasted on these no-shows is unbelievable

[citizenB]

Cream buns.. yummy can I please come for tea :grin:

[lenny100]

You should do what i did and send them a bill for all the time of work i was forced to take off to received their nice mister Brown.

I billed them for £ 2500, even though they were after only £ 250. I never herd form them again!

[ODC]

Cream buns.. yummy can I please come for tea :grin:

You wouldnt like what the 'cream' was laced with.:o

[citizenB]

Quote:

Originally Posted by citizenB

Cream buns.. yummy can I please come for tea :grin:

 

You wouldnt like what the 'cream' was laced with.:o

 

I withdraw my request

 

Lenny100.. that sounds like a plan

[nufsaid]

You wouldnt like what the 'cream' was laced with.:o

 

Grated flakes of exlax makes for a good topping LOL Mr Brown would live upto his name

 

I have only just CCA'd MBNA CB they are stalling with me at the mo havnt yet recived these lovely coloured letters or calling cards I am sure they will start soon thick and fast hang in there.

[NCOEMP]

Hey All!

 

Im an employee of NCO. New to the business, and to be honest, i dont like the way they work.

 

"MR GREEN" is a fictional name. The purpose of the calling cards is to scare people into calling up and paying their arrears (whcih range from 5 days overdue, to years). As you may have noticed, the card is worded quite cunningly, as someone has pointed out, it purely means a phonecall, which is my endless task.

 

Dont get me wrong, the guys i work with are lovely, but we're all in the same boat of trying to make ends meet. And if we dont collect enough money, we're retrained until we are blue in the face.

 

This isnt my career, and i dont particularly like what i do, but it beats prostitution (just about)

 

If anyone needs advice on how to deal with us, i'd be more than happy to help!